Interference with Public Duties in Texas: Penalties & Defense

Interference with public duties is a Class B misdemeanor under Texas Penal Code §38.15, committed when a person with criminal negligence interrupts, disrupts, or impedes a peace officer, firefighter, or emergency medical provider performing a lawful duty. Because the statute makes “speech only” a defense, verbally questioning or recording an officer generally is not a crime by itself.

What Is Interference with Public Duties Under Texas Law?

Texas Penal Code §38.15 makes it an offense to, “with criminal negligence,” interrupt, disrupt, impede, or otherwise interfere with a public servant carrying out an official duty. The protected roles include a peace officer performing a duty or exercising authority granted by law, a firefighter fighting or investigating a fire, and personnel providing emergency medical services. The key elements are a covered official, lawfully performing a duty, and conduct that actually interferes with that duty. Mere presence, watching, or asking questions is not enough — the State must prove genuine interference, not annoyance or disrespect.

What Are the Penalties for Interference with Public Duties in Texas?

A standard interference with public duties charge is a Class B misdemeanor, punishable by up to 180 days in county jail and a fine of up to $2,000. While that sits at the lower end of the criminal spectrum, a conviction still creates a permanent criminal record that can surface on background checks for jobs, housing, and professional licenses. These charges also frequently arrive stacked with other offenses — resisting arrest or evading detention — that carry heavier penalties, so the real exposure is often larger than the §38.15 charge alone suggests.

Is Filming or Questioning Police Interference with Public Duties?

Generally, no. Section 38.15(d) provides that it is a defense to prosecution when the conduct in question was “speech only.” Verbally objecting, questioning an officer’s authority, arguing, or narrating while you record does not, by itself, satisfy the statute. Courts have also recognized that recording police performing their duties in public is constitutionally protected activity. This matters because interference with public duties is often used as a “contempt of cop” catch-all — an arrest for attitude rather than genuine obstruction. Where the only “interference” was words or lawful recording, the charge is frequently vulnerable to dismissal.

What Are the Defenses to an Interference with Public Duties Charge?

Several defenses commonly apply. The speech-only defense protects verbal objection and lawful recording. The officer must have been lawfully performing a duty — if the underlying stop, detention, or order was unlawful, that undercuts the charge. There must be actual interference, not mere presence, brief delay, or a failure to instantly comply. And because the required mental state is criminal negligence, conduct that was accidental or reasonable under the circumstances may not qualify. A close review of body-camera and dash-camera footage often reveals that what the report labels “interference” was protected or lawful conduct.

Interference with Public Duties vs. Resisting Arrest and Evading — What’s the Difference?

These charges are related but distinct. Interference with public duties (§38.15) is a Class B misdemeanor covering interference with an officer’s duties. Resisting arrest (§38.03) involves using force against an officer during an arrest, search, or transport and is a Class A misdemeanor. Evading arrest or detention (§38.04) — fleeing from an officer — can be charged as a misdemeanor or a felony depending on the circumstances. Officers sometimes charge all three from a single encounter, so pinning down which statute actually fits the facts is a core part of the defense.

What Should I Do If I’m Charged with Interference with Public Duties in Texas?

Say as little as possible to law enforcement and speak with a defense lawyer before giving any statement — and remember that what you say to police can create separate criminal exposure of its own. Preserve any video you have and note witnesses. Because so many of these cases turn on what the footage actually shows, an early, detailed review of the evidence is often the difference between a dismissal and a conviction. Our team examines every angle — the lawfulness of the underlying police action, whether real interference occurred, and whether the speech-only defense applies. See our case results for examples of dismissed and reduced charges.

Interference with Public Duties Defense Across Central Texas

The Law Office of David D. White defends interference with public duties and related charges across ten Central Texas counties, including Travis, Williamson, and Hays. Our team includes Taylor Kacir, a former Bell County prosecutor who understands from the inside how the State builds — and where it overreaches on — these “contempt of cop” cases. If you are facing a §38.15 charge anywhere in the Austin area or the surrounding counties, call (512) 369-3737 or reach our jail release and intake team for a confidential consultation.

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